Segunda-feira, 28 de Setembro de 2009 II Série

Número 36

BOLETIM OFICIAL
SUPLEMENTO
SUMÁRIO

Agência da Aviação Civil:

Conselho de Administração.

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AGÊNCIA DA AVIAÇÃO CIVIL
–––––
Conselho de Administração
DELIBERAÇÃO N.º 15/2009
Ao abrigo do disposto no artigo 173º do Código Aeronáutico (Decreto-
Legislativo nº 1/2001, de 20 Agosto) e da alínea a) do nº 2 do artigo 12
dos estatutos da Agencia de Aviação Civil aprovado pelo Decreto-Lei
nº 24/2008, de 12 de Julho, e alterado pelo Decreto-Lei nº 31/2009, de
7 de Setembro, o Conselho de Administração da AAC aprovou a 23 de
Setembro de 2009 a Parte 13 – Investigação de Acidentes e Incidentes
com Aeronaves (CV CAR) em versão inglesa.
Este regulamento, que estabelece pela primeira vez os requisitos
aplicáveis à investigação de acidentes, reflecte as normas do Anexo 13
à Convenção Sobre a Aviação Civil Internacional.
A versão portuguesa do CV CAR Parte 13 será publicada logo que
possível.
Conselho de Administração da Agência da Aviação Civil, na Praia, aos
23 de Setembro de 2009. – O Presidente, Carlos Brazão Monteiro.
CIVIL AVIATION REGULATIONS
CVCAR PART 13
AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION
13.A GENERAL
13.A.105 Applicability
(a) Subject to paragraph (b), this Part prescribes rules for the—
(1) notification, investigation, and reporting of accidents and
incidents; and
(2) preservation of aircraft, aircraft contents, and aircraft records
following an accident or serious incident; and
(3) preservation of records relating to an accident, facility mal-
function incident, an airspace incident, or a promulgated
information incident; and
(4) reporting of aircraft operating and statistical data.
(b) This Part shall apply to investigation activities following accident
and incident involving civil aircraft when they occur:
(1) in the territory of Cape Verde;
(2) outside the territory of Cabo Verde to an aircraft registered
in Cabo Verde, or to an aircraft operated by the holder of an
Air Operator’s Certificate issued by Cabo Verde, when such
investigations are not carried out by another State.
(c) In these Regulations the specifications concerning the State of the
Operator apply only when the aircraft is leased, chartered or inter-
changed and when Cabo Verde is not the State of Registry and if it
interchanges, in respect of these Regulations, in part or in whole,
the functions and obligations of the State of Registry.
13.A.110 Objective of the investigation
(a) The sole objective of the investigation of an accident or incident shall
be the prevention of accidents and incidents. It is not the purpose
of this activity to apportion blame or liability.
13.A.115 Definitions
(a) For the purpose of CV-CAR Part 13, the following definitions shall
apply:
Accident. An occurrence associated with the operation of an aircraft
which takes place between the time any person boards the aircraft
with the intention of flight until such time as all such persons have
disembarked, in which:
(i) a person is fatally or seriously injured as a result of:
(A) being in the aircraft, or
(B) direct contact with any part of the aircraft, including parts
which have become detached from the aircraft, or
(C) direct exposure to jet blast, except when the injuries are
from natural causes, self-inflicted or inflicted by other
persons, or when the injuries are to stowaways hiding
outside the areas normally available to the passengers
and crew; or
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(ii) the aircraft sustains damage or structural failure which:
(A) adversely affects the structural strength, performance or
flight characteristics of the aircraft, and
(B) would normally require major repair or replacement of the
affected component, except for engine failure or damage,
when the damage is limited to the engine, its cowlings or
accessories; or for damage limited to propellers, wing tips,
antennas, tires, brakes, fairings, small dents or puncture
holes in the aircraft skin; or
(iii) the aircraft is missing or is completely inaccessible.
Accredited representative. A person designated by a State, on the
basis of his or her qualifications, for the purpose of participating in
an investigation conducted by another State.
Adviser. A person appointed by a State, on the basis of his or her
qualifications, for the purpose of assisting its accredited representa-
tive in an investigation.
Aerodrome incident. An incident involving an aircraft operation
and—
(i) an obstruction either on the aerodrome operational area or
protruding into the aerodrome obstacle limitation surfaces;
or
(ii) a defective visual aid; or
(iii) a defective surface of a manoeuvring area; or
(vi) any other defective aerodrome facility:
Aircraft. Any machine that can derive support in the atmosphere from
the reactions of the air other than the reactions of the air against
the earth’s surface.
Aircraft incident. Any incident, not otherwise classified, associated
with the operation of an aircraft:
Airspace incident. An incident involving deviation from, or shortcom-
ings of, the procedures or rules for:
(i) avoiding a collision between aircraft; or
(ii) avoiding a collision between aircraft and other obstacles when
an aircraft is being provided with an Air Traffic Service:
Bird incident. An incident where:
(i) there is a collision between an aircraft and one or more
birds; or
(ii) when one or more birds pass sufficiently close to an aircraft
in flight to cause alarm to the pilot:
Causes. Actions, omissions, events, conditions, or a combination
thereof, which led to the accident or incident.
Dangerous goods incident. An incident associated with and related
to the carriage of dangerous goods by air after acceptance by the
operator, that:
(i) results in injury to a person, property damage, fire, breakage,
spillage, leakage of fluid or radiation, or other evidence that
the integrity of the packaging has not been maintained; or
(ii) involves dangerous goods incorrectly declared, packaged,
labelled, marked, or documented:
Defect incident. An incident that involves failure or malfunction
of an aircraft or aircraft component, whether found in flight or on
the ground:
Facility malfunction incident. An incident that involves an aero-
nautical facility:
Fatal injury. Any injury which results in death within 30 days of
the accident:
Flight crew member. A licensed crewmember charged with duties es-
sential to the operation of an aircraft during a flight duty period.
Flight recorder. Any type of recorder installed in the aircraft for the
purpose of complementing accident/incident investigation.
Incident. An occurrence, other than an accident, associated with the
operation of an aircraft which affects or could affect the safety of
operation.
Investigation. A process conducted for the purpose of accident preven-
tion which includes the gathering and analysis of information, the
drawing of conclusions, including the determination of causes and,
when appropriate, the making of safety recommendations.
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Investigator-in-charge. A person charged, on the basis of his or her
qualifications, with the responsibility for the organization, conduct
and control of an investigation.
Maximum mass. Maximum certificated take-off mass.
Occurrence. An accident or incident.
Operator. A person, organization or enterprise engaged in, or offering
to engage in, an aircraft operation.
Preliminary Report. The communication used for the prompt dis-
semination of data obtained during the early stages of the inves-
tigation.
Promulgated information incident. An incident that involves sig-
nificantly incorrect, inadequate, or misleading information promul-
gated in any aeronautical information publication, map, or chart:
Safety recommendation. A proposal of the accident investigation
authority of the State conducting the investigation, based on in-
formation derived from the investigation, made with the intention
of preventing accidents or incidents.
Serious incident. An incident involving circumstances indicating
that an accident nearly occurred.
Serious injury. An injury which is sustained by a person in an ac-
cident and which—
(i) requires hospitalisation for more than 48 hours, commencing
within 7 days from the date the injury was received; or
ii) results in a fracture of any bone, except simple fractures of
fingers, toes, or nose; or
(iii) involves lacerations which cause severe haemorrhage, nerve,
muscle, or tendon damage; or
(iv) involves injury to an internal organ; or
(v) involves second or third degree burns, or any burns affecting
more than 5% of the body surface; or
(vi) involves verified exposure to infectious substances or injuri-
ous radiation:
State of Design. The State having jurisdiction over the organization
responsible for the type design.
State of Manufacture. The State having jurisdiction over the organi-
zation responsible for the final assembly of the aircraft.
State of Occurrence. The State in the territory of which an accident
or incident occurs.
State of the Operator. The State in which the operator’s principal
place of business is located or, if there is no such place of business,
the operator’s permanent residence.
State of Registry. The State on whose register the aircraft is entered.
13.B Notification
13.B.105 Notification of accident
(a) Each pilot-in-command of an aircraft registered in Cabo Verde, or
of an aircraft operated by the holder of an Air Operator’s Certificate
issued by Cabo Verde that is involved in an accident or, if that
person is fatally or seriously injured, or if the aircraft is missing,
the operator, shall notify the Authority of the accident as soon as
practicable.
(b) The notification under paragraph (a) shall be in a manner acceptable
to the Authority and contain, where ascertainable, the—
(1) date and time of the accident; and
(2) nature of the accident; and
(3) type, nationality, and registration marks of the aircraft;
and
(4) names of the aircraft owner and operator; and
(5) position or last known position of the aircraft with reference
to an easily defined geographical point; and
(6) name of the pilot-in-command of the aircraft; and
(7) type of operation; and
(8) last point of departure of the aircraft; and
(9) next point of intended landing of the aircraft; and
(10) description of the sky condition, precipitation, wind velocity,
and visibility; and
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(11) number of persons on board the aircraft; and
(12) number of crew and passengers killed or seriously injured
as a result of the accident; and
(13) number of persons killed or seriously injured as a result of
the accident that were not crew or passengers; and
13.B.110 Details of accident
(a) The pilot-in-command of an aircraft that is involved in an accident
or, if that person is fatally or seriously injured, the operator, shall
provide the occurrence details requested on the form prescribed by
the Authority within 10 days of the accident:
(1) on the prescribed form; or
(2) by a means acceptable to the Authority.
(b) The details required by paragraph (a) shall include a statement
by each flight crew member who was on the aircraft at the time
of the accident, detailing the facts, conditions, and circumstances
relating to the accident.
(c) Where a flight crew member is incapacitated, the statement re-
quired by paragraph (b) shall be submitted as soon as the flight
crew member is able.
13.B.115 Notification of incident
(a) A holder of a certificate issued in accordance with the following
CV CAR Parts must notify the Authority as soon as practicable of
any associated incident if the certificate holder is involved in the
incident and the incident is a serious incident or is an immediate
hazard to the safety of an aircraft operation:
(1) CVCAR Parts 9, 10 and 11 - aircraft incident, or dangerous
goods incident:
(2) CVCAR Part 17 - airspace incident:
(3) CVCAR Parts 4, 6, 9, 10 and 11 - defect incident:
(4) CVCAR Parts 9, 10, 11, 12, 14, 17 and 20 - security incident:
(5) CVCAR Part 14 - aerodrome incident:
(6) CVCAR Parts 14, 15, 19, 20 and 21 promulgated informa-
tion incident.
(7) CV CAR Parts 9, 10 and 11 – cargo security incident.
(b) A person who is involved in an incident that is a serious incident
or an immediate hazard to the safety of an aircraft operation must
notify the Authority of the incident as soon as practicable if the
person—
(1) operates, maintains, services, or does any other act in re-
spect of an aircraft, aeronautical product, or aviation related
service; and
(2) is not employed by, or associated with, the holder of a certifi-
cate referred to in paragraph (a).
(c) A pilot-in-command of an aircraft registered in Cabo Verde, or to
an aircraft operated by the holder of an Air Operator’s Certificate
issued by Cabo Verde that is involved in an airspace incident or a
bird incident must notify the Authority of the incident as soon as
practicable.
(d) The notification of an incident required by paragraphs (a), (b), and
(c) must be conveyed by a means acceptable to the Authority and
contain, where ascertainable, information in accordance with the
following:
(1) for airspace incidents, IS 13.B.115 (a):
(2) for defect incidents, IS 13.B.115 (b):
(3) for facility malfunction incidents, IS 13.B.115 (c):
(4) for aircraft incidents, IS 13.B.115 (d):
(5) for security incidents, IS 13.B.115 (e):
(6) for promulgated information incidents, IS 13.B.115 (f):
(7) for aerodrome incidents, IS 13.B.115 (g):
(8) for dangerous goods incidents, bird incidents, or any other
incident, IS 13.B.115 (h).
13.B.120 Details of incident
(a) Notwithstanding the notification of a serious incident or an immedi-
ate hazard to the safety of an aircraft operation under rule 13.B.115
(a), the following persons who are involved in an incident must
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provide the Authority with the applicable details of the incident
in accordance with information requested on the applicable form
specified in paragraph (b)(1) or (b)(2):
(1) a holder of a certificate referred to in rule 13.B.115(a):
(2) a person referred to in rule 13.B.115(b):
(3) a pilot-in-command referred to in rule 13.B.115(c).
(b) A person who is required under paragraph (a) to provide the Author-
ity with details of an incident must provide those details within 14
days of the incident –
(1) on the form prescribed by the Authority; or
(2) by another means that is acceptable to the Authority.
13.C INTERNATIONAL CO-OPERATION
13.C.100 ACCIDENTS OR SERIOUS INCIDENTS IN THE
TERRITORY OF CABO VERDE TO AIRCRAFT OF ANOTHER
CONTRACTING STATE
13.C.105 responsibility of Cabo Verde as the State of Occurrence
(a) The Authority shall, as soon as practicable after receiving notice of
an accident or serious incident, shall forward a notification of the
accident or serious incident, with a minimum of delay and by the
quickest means available, to—
(1) the State of Registry, where the aircraft is not registered in
Cabo Verde;
(2) the State of the Operator, where the operator is not licensed
in Cabo Verde;
(3) the State of Design;
(4) the State of Manufacture; and
(5) the International Civil Aviation Organization, when the
aircraft involved is of a maximum mass of over 2 250 kg.
(b) The notification shall be in plain language and contain as much of
the following information as is readily available, but its dispatch
shall not be delayed due to the lack of complete information:
(1) for accidents the identifying abbreviation ACCID, for serious
incidents INCID;
(2) manufacturer, model, nationality and registration marks,
and serial number of the aircraft;
(3) name of owner, operator and hirer, if any, of the aircraft;
(4) name of the pilot-in-command, and nationality of crew and
passengers;
(5) date and time (local time or UTC) of the accident or serious incident;
(6) last point of departure and point of intended landing of the aircraft;
(7) position of the aircraft with reference to some easily defined
geographical point and latitude and longitude;
(8) number of crew and passengers; aboard, killed and seriously
injured; others, killed and seriously injured;
(9) description of the accident or serious incident and the extent
of damage to the aircraft so far as is known;
(10) an indication to what extent the investigation will be con-
ducted or is proposed to be delegated by Cabo Verde;
(11) physical characteristics of the accident or serious incident
area, as well as an indication of access difficulties or special
requirements to reach the site;
(12) identification of the originating authority and means to con-
tact the investigator-in-charge and the accident investigation
authority of Cabo Verde at any time; and
(13) presence and description of dangerous goods on board the
aircraft.
(c) The notification shall be prepared in one of the working languages of
ICAO, taking into account the language of the recipient(s), whenever
it is possible to do so without causing undue delay.
(d) As soon as it is possible to do so, the Authority shall dispatch the
details omitted from the notification as well as other known relevant
information.
Note 1.— Telephone, facsimile, e-mail or the Aeronautical Fixed
Telecommunication Network (AFTN) will in most cases constitute “the
most suitable and quickest means available”. More than one means of
communication may be appropriate.
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Note 1.— The 4-letter designator “YLYX” in association with an
ICAO 4-letter location indicator forms the 8-letter addressee indicator
for messages sent over the AFTN to authorities responsible for aircraft
accident and serious incident investigations. For messages sent over the
public telecommunication service the addressee indicator cannot be used
and a postal or telegraphic address must be substituted.
The 8-letter addressee indicators and the corresponding postal and
telegraphic addresses, when notified to ICAO, are published in the
Designators for Aircraft Operating Agencies, Aeronautical Authorities
and Services (Doc 8585).
Note 2.— The Manual of Aircraft Accident and Incident Investiga-
tion, Part I — Organization and Planning (Doc 9756) contains guidance
material concerning the preparation of notification messages and the
arrangements to be made for their prompt delivery to the addressee.
13.C.110 responsibility of Cabo Verde as the State of Registry
or State of the Operator
(a) In case of accident of serious incident to an aircraft in the territory
of another Contracting State, where Cabo Verde is the State of Reg-
istry, or the State of the Operator, the Authority will acknowledge
receipt of the notification of an accident or serious incident.
(b) Upon receipt of the notification referred to in a) the Authority
shall, as soon as possible, provide the State of Occurrence with any
relevant information available regarding the aircraft and flight crew
involved in the accident or serious incident. The Authority shall
also inform the State of Occurrence whether it intends to appoint
an accredited representative and if such an accredited representa-
tive is appointed, the name contact details as well as the expected
date of arrival if the accredited representative will travel to the
State of Occurrence.
(c) Upon receipt of the notification, the Authority shall, with a mini-
mum delay and by the most suitable and quickest means available,
provide the State of Occurrence with details of dangerous goods on
board the aircraft.
(d) When the State of Occurrence is not aware of a serious incident, the
Authority, as the State of Registry, or the State of the Operator, shall
forward a notification of such an incident to the State of Design, the
State of Manufacture and the State of Occurrence.
13.C.200 ACCIDENTS OR SERIOUS INCIDENTS IN THE TER-
RITORY OF THE STATE OF REGISTRY, IN A NON-CONTRACT-
ING STATE OR OUTSIDE THE TERRITORY OF ANY STATE
13.C.205 Responsibility of Cabo Verde as the State of Registry
(a) In case of an accident of serious incident to an aircraft, where Cabo
Verde is the State of Registry, in the territory of Cabo Verde, or in
a non-Contracting State, or outside the territory of any State, the
Authority will forward a notification, in accordance with 13.C.105
above, with a minimum of delay and by the most suitable and
quickest means available, to:
(1) the State of the Operator, if different than Cabo Verde;
(2) the State of Design;
(3) the State of Manufacture; and
(4) the International Civil Aviation Organization, when the
aircraft is involved is of a maximum mass of over 2 250 kg
13.D PROTECTION OF EVIDENCE, CUSTODY AND RE-
MOVAL OF AIRCRAFT WHERE CABO VERDE IS THE STATE
OF OCCURRENCE
13.D.105 Responsibility of the State of Occurrence
(a) When an accident or serious incident occur in Cabo Verde, the
Authority will take all reasonable measures to protect the evidence
and to maintain safe custody of the aircraft and its contents for such
a period as may be necessary for the purposes of an investigation.
Protection of evidence shall include the preservation, by photo-
graphic or other means of any evidence which might be removed,
effaced, lost or destroyed. Safe custody shall include protection
against further damage, access by unauthorized persons, pilfering
and deterioration.
13.D.110 Request from State of Registry, State of Operator,
State of Design or State of Manufacture
(a) If an occurrence to an aircraft takes place in Cabo Verde and the
Authority receives from the State of Registry, the State of the Op-
erator, the State of Design, or the State of Manufacture a request
that the aircraft, its contents and any evidence remain undisturbed
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pending inspection by the accredited representative of the request-
ing state, the Authority will take all necessary steps to comply with
the request, so far as this is reasonably practicable and compatible
with the proper conduct of the investigation. provided that the
aircraft may be moved to the extent necessary to extricate persons,
animals, mail and valuables, to prevent destruction by fire or other
causes, or to eliminate any danger or obstruction to air navigation,
to other transport or to the public, and provided that it does not
result in undue delay in returning the aircraft to service where
this is practicable.
13.D.115 Release from custody
(a) Subject to the provisions of 13.D.105 and 13.D.110, the Authority
will release custody of the aircraft, its contents or any parts thereof
as soon as they are no longer required in the investigation, to any
person or persons duly designated by the State of Registry, or the
State of the Operator, as applicable. For this purpose the Authority
will facilitate access to the aircraft, its contents or any parts thereof,
provided that, if the aircraft, its contents, or any parts thereof lie in
an area within which the Authority finds it impracticable to grant
such access, it shall itself effect removal to a point where access
can be given.
13.D.200 PRESERVATION OF AIRCRAFT, ITS CONTENTS,
AND RECORDS
13.D.205 Access to aircraft involved in an accident
(a) Except as provided in the applicable Law, and paragraphs (b) and
(c), no person shall access, interfere with, or remove, an aircraft or
its contents that is involved in an accident unless authorised to do
so by the Authority.
(b) Subject to the limitations contained in Decree Law 38/2009 of Sep-
tember 28th, the Authority may, for the purpose of its investigation,
access, inspect, secure, or remove, an aircraft or its contents that
is involved in an accident.
(c) A person may, subject to paragraph (d)—
(1) remove persons or livestock from the aircraft or wreckage
(2) protect the aircraft, wreckage, or contents, including mail or
cargo, from further damage; or
(3) disconnect or deactivate any cockpit voice recorder, flight data
recorder, or emergency location transmitter; or
(4) prevent obstruction to the public or to air navigation where
no practical alternative is available.
(d) Any aircraft wreckage, mail, or cargo removed under paragraph
(c) shall—
(1) be moved only so far as necessary to ensure its safety; and
(2) be kept in separate distinct areas to indicate from which part
in the aircraft it has been taken; and
(3) where possible, have sketches, descriptive notes, and pho-
tographs made of their original position and any significant
impact marks.
13.D.210 Preservation of records
(a) Each holder of a certificate of registration of an aircraft that is
involved in a serious incident or accident shall preserve all records,
including all recording media maintained for the operation and
maintenance of the aircraft, for at least 90 days after the serious
incident or accident unless otherwise notified by the Authority.
(b) Each holder of a certificate issued under—
(1) CV CAR Part 20 that is involved in a facility malfunction
incident or an accident; or
(2) CVCAR Part 17 that is involved in an airspace incident
or an accident— shall preserve all records, including log
entries, electronic recordings, technical and other relevant
data relating to the incident or accident for at least 90 days
after the incident or accident unless otherwise notified by
the Authority.
13.D.215 Retention of defective products and components
(a) A holder of a certificate of registration for an aircraft, and a holder
of a certificate issued in accordance with CV CAR Part 6 who is
required to submit a defect incident report to the Authority under
rule 13.B.115 (b)(1) must retain the defective product or component
that is associated with the defect incident for a period of at least
90 days after submitting the report unless otherwise notified by
the Authority.
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13.E INVESTIGATION
13.E.100 RESPONSIBILITY FOR INSTITUTING THE INVES-
TIGATION
13.E.105 Accidents or serious incidents in the territory of
Cabo Verde
(a) The Authority will institute an investigation into the circumstances
of an accident or serious incident and be responsible for the conduct
of the investigation, but it may delegate the whole or any part of
the conducting of such investigation to another State by mutual ar-
rangement and consent. In any event the Authority will use every
means to facilitate the investigation.
13.E.110 Accidents or serious incidents in the territory of
another Contracting State
(a) When an accident or serious incident occurs in the territory or ju-
risdiction of another State to an aircraft registered in Cabo Verde,
or to an aircraft operated by the holder of an Air Operator’s Certifi-
cate issued by Cabo Verde, and the State of Occurrence delegates
the whole or any part of the conducting of the investigation of the
accident or serious incident to the Authority, the Authority will
cause the investigation to be conducted in accordance with these
Regulations.
13.E.115 Accidents or incidents in the territory of a non-
Contracting State
(a) When the accident or the serious incident has occurred in the ter-
ritory of a non-Contracting State which does not intend to conduct
an investigation in accordance with Annex 13, the Authority, where
Cabo Verde is the State of Registry or, the State of the Operator,
should endeavour to institute and conduct an investigation in
cooperation with the State of Occurrence but, failing such coopera-
tion, should itself conduct an investigation with such information
as is available.
13.E.120 Accidents or incidents outside the territory of any State
(a) When the location of the accident or the serious incident cannot
definitely be established as being in the territory of any State, and
involve an aircraft registered in Cabo Verde, or an aircraft operated
by the holder of an Air Operator’s Certificate issued by Cabo Verde,
the Authority will institute and conduct any necessary investigation
of the accident or serious incident. However, it may delegate the
whole or any part of the investigation to another State by mutual
arrangement and consent.
(a) When Cabo Verde is a State nearest the scene of an accident in
international waters, the Authority shall provide such assistance
as the Authority is able and shall, likewise, respond to requests by
the State of Registry.
13.E.200 ORGANIZATION AND CONDUCT OF THE INVES-
TIGATION
13.E.205 Responsibility for the conduct of investigation
(a) Pursuant to Decree Law 38/2009 of September 28th, the Authority
shall have independence in the conduct of the investigation and
have unrestricted authority over its conduct. The investigation
shall include:
(1) the gathering, recording and analysis of all available informa-
tion on that accident or incident;
(2) if appropriate, the issuance of safety recommendations;
(3) if possible, the determination of the causes; and
(4) the completion of the final report.
(b) When possible, the scene of the accident shall be visited, the wreck-
age examined and statements taken from witnesses.
13.E.210 Designation of the investigator-in-charge
(a) The Authority when conducting the investigation shall designate
the investigator-in-charge of the investigation and will initiate the
investigation immediately.
(b) The investigator-in-charge shall have unhampered access to the
wreckage and all relevant material, including flight recorders and
ATS records, and shall have unrestricted control over it to ensure
that a detailed examination can be made without delay by author-
ized personnel participating in the investigation.
13.E.215 Flight recorders - accidents and incidents
(a) Effective use shall be made of flight recorders in the investigation of
an accident or an incident. The investigator in charge shall arrange
for the read-out of the flight recorders without delay.
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(b) In the event that adequate facilities to read out the flight recorders
are not available in Cabo Verde, the Authority will use the facilities
made available to it by other States, giving consideration to the
following:
(1) the capabilities of the read-out facility;
(2) the timeliness of the read-out; and
(3) the location of the read-out facility.
(c) When an aircraft involved in an accident or a serious incident lands
in Cabo Verde, where Cabo Verde is the State of Registry or the State
of Operator, the Authority will, on request from the State conducting
the investigation, furnish such State with the flight recorder records
and, if necessary, the associated flight recorders.
13.E.220 Other information
(a) The Authority, where Cabo Verde is the State of Registry or the
State of the Operator, on request from the State conducting the
investigation, will provide pertinent information on any organiza-
tion whose activities may have directly or indirectly influenced the
operation of the aircraft.
(b) The Authority, on request from the State conducting the investiga-
tion of an accident or an incident, will provide that State with all
the relevant investigation available to it.
(c) When facilities or services of Cabo Verde have been, or would normal-
ly have been, used by an aircraft prior to an accident or an incident,
the Authority will provide the State conducting the investigation
with available information pertinent to such investigation.
13.E.225 Autopsies examination
(a) The Authority shall arrange for complete autopsy examination of
fatally injured flight crew and, subject to the particular circum-
stances, of fatally injured passengers and cabin attendants, by a
pathologist, preferably experienced in accident investigation. These
examinations shall be expeditious and complete.
13.E.230 Medical examination
(a) When appropriate, the Authority should arrange for medical exami-
nation of the crew, passengers and involved aviation personnel, by
a physician, preferably experienced in accident investigation. These
examinations should be expeditious.
13.E.235 Coordination - judicial authorities
(a) Pursuant to Decree Law 38/2009, of September 28th, the necessary
coordination between the investigator-in-charge and the judicial au-
thorities is required. Particular attention shall be given to evidence
which requires prompt recording and analysis for the investigation
to be successful, such as the examination and identification of vic-
tims and read-outs of flight recorder recordings.
13.E.240 Informing aviation security authorities
(a) If, in the course of an investigation it becomes known, or it is
suspected, that an act of unlawful interference was involved, the
investigator-in-charge shall immediately initiate action to ensure
that the aviation security authorities concerned are so informed.
13.E.245 Non-disclosure of recorders
(a) The Authority when conducting the investigation of an accident or
incident, wherever it occurred, shall not make the following records
available for purposes other than accident or incident investigation,
unless the appropriate authority for the administration of justice in
Cabo Verde or in any other State determines that their disclosure
outweighs the adverse domestic and international impact such ac-
tion may have on that or any future investigations:
(1) all statements taken from persons by the investigation au-
thorities in the course of their investigation;
(2) all communications between persons having been involved
in the operation of the aircraft;
(3) medical or private information regarding persons involved
in the accident or incident;
(4) cockpit voice recordings and transcripts from such recordings;
(5) recordings and transcriptions of recording from air traffic
control units; and
(6) opinions expressed in the analysis of information including
flight recorder information
(b) These records shall be included in the final report or its appendices
only when pertinent to the analysis of the accident or incident. Parts
of the records not relevant to the analysis shall not be disclosed.
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13.E.250 Confidentiality of persons submitting information
(a) The Authority shall, when confidentiality is requested by a person
submitting information under 13.B.115 or 13.B.120:
(1) as soon as practicable, remove any information that might
reveal the identity of the source; and
(2) not make any other record of the information removed under
subparagraph (1).
13.E.255 Non-prosecution
(a) The Authority shall not use or make available for the purpose of
prosecution investigation or for prosecution action any information
submitted to it by a person under this Part unless—
(1) the information reveals an act or omission that caused un-
necessary danger to any other person or to any property; or
(2) false information is submitted; or
(3) the Authority is obliged to release the information pursuant
to a statutory requirement or by order of a Court.
13.E.260 Re-opening of investigation
(a) If, after the investigation has been closed, new and significant
evidence becomes available, the Authority will re-open it. How-
ever, when the Authority did not institute the investigation, the
Authority will first obtain the consent of the State which instituted
the investigation.
13.E.265 Investigation by a certificate holder
(a) A holder of a certificate referred to in rule 13.B.115(a) who is re-
quired to provide details of an incident to the Authority under rule
13.B.120 must, unless otherwise notified by the Authority,—
(1) conduct an investigation to identify the facts relating to its
involvement in the incident and establish, so far as those
facts allow, the cause or causes of the incident; and
(2) on completion of the investigation, submit a report of the
investigation to the Authority no later than 90 days after
the incident—
(i) on the form prescribed by the Authority; or
(ii) by a means acceptable to the Authority; and
(3) advise the Authority of any actions taken to prevent recur-
rence of a similar incident.
13.E.300 PARTICIPATION IN THE INVESTIGATION
13.E.305 Participation of the State of Registry, the State of the
Operator, the State of Design and the State of Manufacture.
(a) Rights
(1) The State of Registry, the State of the Operator, the State of
Design and the State of Manufacture shall each be entitled
to appoint an accredited representative to participate in the
investigation
(2) The State of Registry and the State of the Operator shall
be entitled to appoint one or more advisers proposed by the
operator, to assist its accredited representative.
(3) When neither the State of Registry, nor the State of the Op-
erator appoint an accredited representative, the Authority,
when conducting the investigation, should invite the operator
to participate.
(4) The State of Design and the State of Manufacture shall be enti-
tled to appoint one or more advisers, proposed by the organisa-
tions responsible for the type design and the final assembly of
the aircraft, to assist their accredited representatives.
(5) When neither the State of Design or the State of Manufacture
appoint an accredited representative, the Authority, when
conducting the investigation, will invite the organisations
responsible for the type design and final assembly of the
aircraft to participate.
(6) Any other State which, on request from the Authority, pro-
vides information, facilities or experts to assist the Authority
in the conduct of the investigation shall be entitled to appoint
an accredited representative.
(7) A State entitled to appoint an accredited representative shall
also be entitled to appoint one or more advisers to assist the
accredited representative in the investigation.
II SÉRIE — NO 36 SUP. «B. O.» DA REPÚBLICA DE CABO VERDE — 28 DE SETEMBRO DE 2009
(b) Obligations
(1) When the State conducting an investigation of an accident to
an aircraft of a maximum mass of over 2 250 kg specifically
requests participation of Cabo Verde as the State of Registry
or the State of the Operator, the Authority will appoint an
accredited representative.
13.E.310 Entitlement of accredited representatives
(a) Advisers
(1) Advisers assisting an accredited representative shall be
permitted under the accredited representatives’ supervision,
to participate in the investigation to the extent necessary to
enable the accredited representatives to make their partici-
pation effective.
(b) Participation
(1) Participation in the investigation shall confer entitlement
to participate in all aspects of the investigation, under the
control of the investigator-in-change, in particular to:
(i) visit the scene of the accident;
(ii) examine the wreckage;
(iii) obtain witness information and suggest areas of
questioning;
(iv) have full access to all relevant evidence as soon as
possible;
(v) receive copies of all pertinent documents;
(vi) participate in read-outs of recorded media;
(vii) participate in off-scene investigative activities such as
component examinations, technical briefings, tests and
simulations;
(viii) participate in investigation progress meetings including
deliberations related to analysis, findings, causes and
safety recommendations; and
(ix) make submissions in respect of the various elements of
the investigation.
(2) However, participation of States other than the State of Reg-
istry, the State of the Operator, the State of Design and the
State of Manufacture may be limited to those matters which
entitled such States to participation under 13.C.305 a) 6).
(c) Obligations
(1) The accredited representative and their advisers:
(i) shall provide the State conducting the investigation with
all relevant information available to them; and
(ii) shall not divulge information on the progress and the
findings of the investigation without the express consent
of the State conducting the investigation.
13.E.315 Participation of States having suffered fatalities or
serious injuries to its citizens
(a) Rights and entitlement:
(1) A State which has a special interest in an accident, wherever
it occurred, by virtue of fatalities or serious injuries to its
citizens shall, upon making a request to do so, be permit-
ted by the Authority to appoint an expert who should be
entitled to:
(i) visit the scene of the accident;
(ii) have access to the relevant factual information;
(iii) participate in the identification of the victims;
(iv) assist in questioning surviving passengers who are
citizens of the expert’s State; and
(v) receive a copy of the Final Report.
13.F FINAL REPORT
13.F.105 Release of information – consent
(a) No person shall circulate, publish or give access to a draft report or
any part thereof, or any documents obtained during an investigation
of an accident or incident, without the express consent of the State
which conducted the investigation, unless such reports or documents
have already been published or released by that State.
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13.F.110 Consultation
(a) The Authority, when conducting the investigation, shall send a
copy of the draft final report, to the competent authorities of the
State instituting the investigation and to all States referred to in
paragraph (a), inviting their significant and substantiated com-
ments on the report as soon as possible.
(b) The Authority shall send draft final report to:
(1) the State of Registry;
(2) the State of the Operator;
(3) the State of Design;
(4) the State of Manufacture;
(c) The Authority may send, through the State of the Operator, a copy
of the draft Final Report to the operator to enable the operator to
submit comments on the Final Report.
(d) The Authority may send, through the State of Design and the
State of the Manufacture a copy of the draft Final Report to the
organisations responsible for the type design and the final assem-
bly of the aircraft to enable them to submit comments on the draft
Final Report.
(e) The draft final report shall be sent by facsimile, e-mail, courrier
service or express mail.
(f) If the Authority receives comments within sixty days of the date of
the transmittal letter, it shall either amend the draft final report to
include the substance of the comments received or, if desired by the
State that provided comments, append the comments to the Final
Report. If the Authority receives no comments within sixty days of
the date of the first transmittal letter, it shall issue the Final Report
in accordance with 13.F.115, unless an extension of that period has
been agreed by the States concerned.
13.F.115 Release of the final report
(a) The format of the final report in Annex 13 Appendix should be used.
However, it may be adapted to the circumstances of the accident
or incident.
(b) In the interest of accident prevention, the Authority, when con-
ducting the investigation of an accident or incident, shall release
the Final Report as soon as possible, and if possible within twelve
months of the date of occurrence. If the report cannot be released
within twelve months, the Authority should release an interim
report on each anniversary of the occurrence, detailing the progress
of the investigation and any safety issues raised.
13.F.120 Recipient States
(a) The Authority will send the final report of the investigation of an
accident with a minimum of delay to:
(1) the State that instituted the investigation;
(2) the State of Registry;
(3) the State of the Operator;
(4) the State of Design;
(5) the State of Manufacture;
(6) any State having suffered fatalities or serious injuries to its
citizens; and
(7) any State that provided relevant information, significant
facilities or experts.
(8) ICAO, when the accident or incident involved an aircraft of
a maximum mass of over 5,700 Kg.
13.F.125 Safety recommendations
(a) At any stage of the investigation of an accident or incident, the
Authority will recommend to the appropriate authorities, including
those in other States, any preventive action that it considers neces-
sary to be taken promptly to enhance aviation safety.
(b) The Authority, when conducting investigation of accidents or
incidents will address, when appropriate, any safety recommenda-
tions arising out of its investigations to the accident investigation
authorities of other State(s) concerned and, when ICAO documents
are involved, to ICAO.
(c) When the Authority receives safety recommendations, the Authority
will inform the proposing State of the preventive action taken or
under consideration, or the reasons why no action will be taken.
8 II SÉRIE — NO 36 SUP. «B. O.» DA REPÚBLICA DE CABO VERDE — 28 DE SETEMBRO DE 2009
13.G ADREP reporting
Note 2.— The provisions of this Subpart may require two separate
reports for any one accident or incident:1) Preliminary Report; 2) Ac-
cident/Incident Data Report
13.G.100 PRELIMINARY REPORT
13.G.105 Accident to aircraft over 2 250 kg
(a) When the aircraft involved in an accident is of a maximum mass of
over 2 250 kg, the Authority will send, as soon as practicable after
the investigation, the Preliminary Report:
(1) the State of Registry or the State of Occurrence, as appropriate;
(2) the State of the Operator;
(3) the State of Design;
(4) the State of Manufacture;
(5) any State that provided relevant information, significant
facilities or experts; and
(6) the International Civil Aviation Organization.
13.G.110 Accident to aircraft of 2 250 kg or less
(a) When an aircraft, not covered by 13.G.105 is involved in an accident
and when airworthiness or matters considered to be of interest to
other States are involved, the Authority will forward the Prelimi-
nary Report to:
(1) the State of Registry or the State of Occurrence, as appro-
priate;
(2) the State of the Operator;
(3) the State of Design;
(4) the State of Manufacture; and
(5) any State that provided relevant information, significant
facilities or experts.
13.G.115 Language
(a) The Preliminary Report shall be submitted to appropriate States
and to the International Civil Aviation Organization in English.
13.G.120 Dispatch
(a) The Preliminary Report shall be sent by facsimile, e-mail, or
airmail within thirty days of the date of the accident unless the
Accident/Incident Data Report has been sent by that time. When
matters directly affecting safety are involved, it shall be sent as
soon as the information is available and by the most suitable and
quickest means available.
13.G.200 ACCIDENT/INCIDENT DATA REPORT
13.G.205 Accidents to aircraft over 2 250 kg
(a) When the aircraft involved in an accident is of a maximum mass of
over 2 250 kg, the Authority will send, as soon as practicable after
the investigation, the Accident Data Report to the International
Civil Aviation Organization.
13.G.210 Additional information
(a) The Authority may, upon request, provide other States with
pertinent information additional to that made available in the Ac-
cident/Incident Data Report.
13.G.215 Incidents to aircraft over 5 700 kg
(a) If the Authority conducts an investigation into an incident to an
aircraft of a maximum mass of over 5 700 kg, the Authority will
send, as soon as is practicable after the investigation, the Incident
Data Report to the International Civil Aviation Organization.
13.H ACCIDENT PREVENTION MEASURES
13.H.105 Incident reporting systems
(a) The Authority will establish a mandatory incident reporting system
to facilitate collection of information on actual or potential safety
deficiencies.
(b) The Authority will establish a voluntary incident reporting system
to facilitate the collection of information that may not be captured
by a mandatory incident reporting system.
(c) A voluntary incident reporting system shall be non-punitive and
afford protection to the sources of information.
13.H.110 Data base systems
(a) The Authority will establish an accident and incident database, to
facilitate effective analysis of the information obtained including
that from its incident reporting systems.
(b) The database shall use standardized formats to facilitate data
exchange.
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13.H.115 Analysis of data-preventive actions
(a) The Authority having established an accident and incident data-
base and an incident reporting system will analyse the informa-
tion contained in its accident/incident reports and the database to
determined any preventive actions required.
(b) If the Authority, in the analysis of the information contained in its
database, identifies safety matters considered to be of interest to
other States, the Authority will forward such information to them
as soon as possible.
(c) In addition to safety recommendations arising from the accident and
incident investigations, safety recommendations may result from
diverse sources, including safety studies. If safety recommendations
are addressed to an organisation in another State, they should also
be transmitted to that State’s investigation authority.
13.H.120 Exchange of safety information
(a) The Authority will promote the establishment of safety information
sharing networks among all users of the aviation systems and will
facilitate the free exchange of information on actual and potential
safety deficiencies
13.I STATISTICS
13.I.105 Aircraft operating statistics
(a) Each operator of a Cabo Verde registered aircraft issued with
a standard or restricted category airworthiness certificate shall
submit the following aircraft operating and statistical data and
information for each aircraft, in accordance with the frequency and
due dates listed in Table 1 for aircraft performing hire or reward
operations and Table 2 for aircraft, except gliders, performing op-
erations not for hire or reward:
(1) the registration marks:
(2) for aircraft used on international air transport operations, the
hours flown and the number of flights carrying passengers
and cargo only flights:
(3) for aircraft used on domestic air operations, the hours flown
and the number of flights:
(i) carrying passengers between two different aerodromes:
(ii) originating and ending at the same aerodrome without
an intermediate landing:
(iii) carrying cargo only:
(4) for aircraft used on other operations, the hours flown.
(b) The reports required by paragraph (a) shall be submitted—
(1) on the form prescribed by the Authority; or
(2) by a means acceptable to the Authority.
Table 1 Reporting periods for aircraft performing hire
or reward operations:
Report Period Covered Due Date
1st Quarter 1 Jan through 31 Mar 1 May
2nd Quarter 1 Apr through 30 Jun 1 Aug
3rd Quarter 1 Jul through 30 Sep 1 Nov
4th Quarter 1 Oct through 31 Dec 1 Feb
Table 2 Reporting periods for aircraft performing operations
not for hire or reward:
Report Period Covered Due Date
Annual 1 Jan through 31 Dec 15 Feb
13.I.110 Confidentiality of statistical reports
(a) The Authority or any person employed by the Authority shall not
communicate to any person outside the Authority any information
provided in statistical reports that identifies any individual aircraft
operator except:
(1) with the consent of the aircraft operator; or
(2) in accordance with Article 67 of the Convention; or
(3) pursuant to a statutory requirement.
(b) The Authority may provide to the Council of the International
Civil Aviation Organisation statistics that relate to international
air transport operations.
II SÉRIE — NO 36 SUP. «B. O.» DA REPÚBLICA DE CABO VERDE — 28 DE SETEMBRO DE 2009 9
IS – IMPLEMENTING STANDARDS (d) Aircraft incident – The following information is required for
CVCAR PART 13 – AIRCRAFT ACCIDENT notification under 13.B.115(d)(4):
AND INCIDENT NOTIFICATION (1) date and time of the incident:
IS 13.B.115 Information required for initial notification of (2) brief description of events:
incidents
(3) aircraft nationality, registration, radio call sign, flight
(a) Airspace incident – The following information is required for number, and type:
notification under 13.B.115 (d)(1):
(4) name of the aircraft operator and owner:
(1) date and time of the incident:
(2) brief description of events: (5) aircraft position and altitude:

(3) aircraft nationality, registration, radio call sign, flight (6) phase of flight:
number, and type: (7) if applicable, name of aerodrome and runway used:
(4) name of the aircraft operator:
(8) effect on the flight:
(5) aircraft position and altitude:
(9) name of the pilot-in-command:
(6) name of the pilot-in-command:
(10) type of operation being conducted:
(7) phase of flight:
(11) number of persons on board the aircraft:
(8) effect on flight:
(9) flight rules under which the aircraft was operating: (12) name, organisation, and contact details of the person notifying
the incident.
(10) aircraft point of departure and destination:
(e) Security incident – The following information is required for
(11) location, type, and class of airspace, and the ATS unit notification under 13.B.115(d)(5):
involved:
(1) date and time of the incident:
(12) any other relevant information submitted by the pilot
concerned. (2) brief description of events:
(b) Defect incident – The following information is required for noti- (3) aircraft nationality, registration, radio call sign, flight
fication under 13.B.115 (d)(2): number, and type:
(1) date and time the incident was detected; (4) name of the aircraft operator and owner:
(2) brief description of events;
(5) aircraft position and altitude or place of incident:
(3) aircraft nationality, registration, and type;
(6) name of the aerodrome or aeronautical telecommunication
(4) name of the aircraft operator and owner; facility if applicable:
(5) location of the aircraft, part, or equipment at the time of (7) name of the pilot-in-command:
the incident;
(8) phase of flight:
(6) phase of flight;
(7) effect on flight; (9) effect on the flight:

(8) aircraft point of departure and destination;
(9) name of the manufacturer of the aircraft, part, or equipment,
and where appropriate, the part number, its modification
standard, and its location on the aircraft;
(f) Promulgated information incident – The following information
(10) description of the incident, its effects, and any other relevant
information;
(11) whether the person or organisation making the notification
has instituted an investigation into the defect and expected
time of completion;
(12) name, organisation, and contact details of the person notifying
the incident.
(c) Facility malfunction incident – The following information is
required for notification under 13.B.115(d)(3):
(10) type of operation being conducted:
(11) name, organisation, and contact details of the person notify-
ing the incident.
is required for notification under 13.B.115(d)(6):
(1) date and time the incident was discovered:
(2) brief description of events:
(3) name of the publication, map, or chart:
(4) information that gave rise to the incident:
(5) name, organisation, and contact details of the person notify-
ing the incident.

(1) date and time of the incident: (g) Aerodrome incident – The following information is required for
notification under 13.B115(d)(7):
(2) brief description of events:
(1) date and time of the incident:
(3) aircraft nationality, registration, radio call sign, flight
number, and type: (2) brief description of events:
(4) name of the aircraft operator: (3) name of the aerodrome:
(5) aircraft position and altitude: (4) description and the location of the reported defect or ob-
(6) name of aerodrome and runway used: struction:
(7) name of the pilot-in-command: (5) name, organisation, and contact details of the person notifying
(8) phase of flight: the incident.

(9) effect on the flight:
(10) identification, type, name, frequency, and provider of the
aeronautical telecommunication facility involved:
(11) whether the person or organisation making the notification
has instituted an investigation into the incident and, if so,
expected time of completion:
(12) name, organisation, and contact details of the person notifying
the incident.
(h) Dangerous goods, bird, or other incidents – The following informa-
tion is required for notification under 13.B.115(d)(8):
(1) date and time of the incident:
(2) brief description of events:
(3) name, organisation, and contact details of the person notifying
the incident.
O Presidente de Conselho de Administração, Carlos Brazão Monteiro.

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